Remember the phrase, “a person’s home is his castle?” Remember the 4th Amendment? You know, the part about “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause..”
The Founding Fathers specifically wrote the 4th Amendment because they had lived with the King’s troops(today’s police) routinely entering their homes for no reason other than that they carried the firepower and were the King’s agents.
Now the US Supreme Court appears to be taking us back to the colonial days. This is what happened in Kentucky v. King;
Police officers chased a suspected cocaine dealer into an apartment complex, down a hall, and came to 2 closed doors. The suspect was behind door 2, but the police, after banging on Door 1, knocked the door down and entered, where they found some marijuana. The Supreme Court, per J. Alito, believe it or not, found that the entrance, without a warrant, was valid! Alito said that the occupant should have answered the knock and rejected the officer’s request to enter. So in other words, the Court is now putting the burden on the citizen to actually exercise our rights, which of course is completely opposite of what the 4th Amendment says.

This entry was posted on Wednesday, May 18th, 2011 at 11:39 am and is filed under New Cases.
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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.